Karnataka High Court: KSLUCan not Mandate BNS Exam for IPC Repeaters Lacking BNS Instruction

Bengaluru: The Karnataka High Court, in a significant ruling, has quashed a notification by the Karnataka State Law University ( KSLU ) that required students who had previously studied and failed the Indian Penal Code (IPC) to now appear for an examination in the Bharatiya Nyaya Sanhita (BNS). Justice Suraj Govindaraj allowed the writ petition filed by students, directing KSLU to conduct examinations in IPC for these repeaters.

Case Overview: A Shift in Syllabus Hits Repeaters

The petitioners, students of KSLU , challenged a university notification (No. KSLU /Exam/2024-25-1673, dated 6.12.2024) which mandated that students appearing for supplementary examinations for the subject previously known as 'Indian Penal Code' would now have to take an examination in 'Bharatiya Nyaya Sanhita'.

The core grievance of the students was that they had received instruction and studied the IPC curriculum. However, they were unsuccessful in their previous attempts. With the introduction of BNS replacing IPC, the university's decision meant they would be tested on a subject for which they had received no classes or instruction.

Arguments Presented

Petitioners' Stance: The students argued that it was unjust and impractical to expect them to write an examination for BNS, a subject they were never taught. They contended that their academic preparation was entirely based on the IPC syllabus.

University's Defense: Sri. Girish Kumar , counsel for KSLU , submitted that since the IPC has been repealed and BNS implemented, examinations could not be held for a repealed enactment. This argument was intended to apply to all forthcoming examinations.

Court's Reasoning: Fairness for Existing Students Paramount

Justice Suraj Govindaraj , presiding over the bench, found merit in the petitioners' arguments, drawing upon previous similar matters dealt with by the Court.

The Court decisively stated, "The submission of Sri. Girish Kumar , learned counsel for the University would not hold this Court any longer. The said submission would be applicable for the students in currently or in future taking up the course in BNS and not to students who have already in the past taken up the course in IPC."

Emphasizing the practical difficulty and unfairness, the judgment noted:

"Insofar as students who have already attended classes for IPC and have failed in the examination conducted for IPC, it cannot be expected that those students take up the examination for BNS which has never been taught to them in the course structure."

The Court highlighted that this was not an isolated issue, urging KSLU to address this systemic problem:

"This is not the first petition that is coming before this Court. It is therefore required for the KSLU to look into this aspect and not insist on the students who have failed in IPC to take up the examination in BNS since they have never been provided with instructions in relation to that subject."

The Court clarified that these observations would not apply to new students who would prospectively be studying BNS.

Final Decision and Directives

The Karnataka High Court passed the following order:

1. Writ Petition Allowed: The students' petition was successful.

2. Notification Quashed for IPC Students: The impugned KSLU notification (No. KSLU /Exam/2024-25/1673 dated 06.12.2024) was quashed specifically for students who had already undertaken the IPC course.

3. Direction for IPC Examination: The respondent-University ( KSLU ) was directed to conduct examinations in 'IPC' for all students who are repeaters or have failed in the subject, and not to insist on them taking the BNS examination.

The Court also directed the university to publish all notifications, circulars, or any other decisions affecting students on its official website and ordered the university to pay the costs of the litigation to the petitioners. This ruling provides significant relief to law students caught in the transition between the old and new penal codes, underscoring the principle that examinations must be based on the curriculum taught to the students.